IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 2485 of 2009()
1. EBRAHIM, S/O. MUHAMMED,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
For Petitioner :SRI.SOJAN MICHEAL
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :02/06/2009
O R D E R
K.T.SANKARAN, J.
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B.A. NO. 2485 OF 2009
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Dated this the 2nd June, 2009
O R D E R
This is an application for anticipatory bail under Section 438 of the
Code of Criminal Procedure. The petitioner is the second accused in OR.
No.13 of 2008 of Kasaragode Forest Range.
2. The offence alleged against the petitioner is under Sections 27
(1)(d), (e) (iii) and (iv) of the Kerala Forest Act.
3. The prosecution case is that on 22.8.2008, it was detected that
a teak tree was stolen from the Forest. A loss of Rs.65,000/- was
occasioned to the State. It is stated that the first accused was arrested
and he made a confession statement. On the basis of the confession
statement, wherein the petitioner is also implicated, the petitioner
apprehends that he would be arrested. Learned counsel for the
petitioner submits that the first accused has later retracted the confession
statement.
4. On going through the case file, the occurrence report and the
B.A. NO. 2485 OF 2009
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mahazar, I do not think that this is a fit case where anticipatory bail can be
granted to the petitioner.
The Bail Application is accordingly dismissed.
(K.T.SANKARAN)
Judge
ahz/